Rauer's Law & Collection Co. v. Standley

Motion to dismiss the appeal. On September 8, 1905, in the absence of defendant’s attorney, plaintiff’s attorneys appeared in court and moved that the default of defendant be entered, which motion was denied. Thereafter, and on the same day, plaintiff’s attorneys “went to the clerk of said court and prevailed upon said clerk to enter a purported or pretended default of the defendant in the action.” On the twenty-third day of September defendant gave notice of motion to set aside and open the default of defendant under section 473 of the Code of Civil Procedure. The motion was heard on the…